ConCourt judgement unfortunate – FODEP

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FB_IMG_1472911620832The Foundation for Democratic Process (FODEP) has described as unfortunate the decision by the Constitutional Court to dismis the presidential petion on a technicality, without hearing the case.

And Rainbow Party leader Wynter Kabimba says the Constitutional Court should have determined the petition filed by the UPND challenging the election of President Edgar Lungu and his running mate Inonge Wina rather than dismissing it on a technicality.

On Monday, September 5, the Constitutional Court controversially dismissed the case on grounds that the 14 days within which to hear the petition, as enshrined in Article 103(2) of the Republican Constitution, had lapsed. This was despite the full bench of the Constitutional Court earlier agreeing to extend the hearing by four days.

FODEP however believes the Constitutional Court failed to provide direction and guidance throughout the process and consequently denied the petitioners their fundamental right to a fair and public hearing.

“FODEP notes that the unfortunate developments reflects a failure of the Constitutional Court to timely and ably guide and direct the parties as to how the matter would proceed, the importance of adherence to the time limit, and the need for parties to avoid unnecessary interlocutory applications. The Court’s general direction and guidance should have been given at a scheduling conference, immediately after the filing of the petition and answer as provided for under Order XIV Rule 3 of the Constitutional Court Rules, 2016,” said FODEP executive director Chimfwembe Mweenge said in a statement.

“Additionally, FODEP wishes to emphasise the Constitutional right of citizens to be heard in judicial proceedings before judgement is given by a court. Every citizen is entitled to a fair and public hearing by an impartial court in the determination of their rights. Given the limited time-frame given by the Constitution, the Constitutional Court should have accorded the parties ample time to present their case and even sit during the weekend, if necessary, to ensure that the fundamental right to be heard was ably accorded to the parties. Moreover, the 14 days prescribed by the Constitution is inclusive of Saturday and Sunday as envisaged by Article 269 of the Constitution.

“The courts are there to dispense justice and conclude any matters before them within the time permitted by law. The presidential petition should have been dealt with conclusively after hearing the merits of the case and not end on a technicality of lapse of time. This invariably resulted in an injustice to the petitioners, and a bad precedent for future presidential petitions.”

And Mweenge has observed that the presidential petition was dented with multiple inconsistent rulings of the Constitutional Court which made the procedure to be followed unpredictable and warned that this has potential to erode public confidence in the ability of the Court to deliver a fair and measured ruling on the matters before it.

Meanwhile, ,Rainbow Party Leader Wynter Kabimba says the constitutional court should have determined the petition filed by the UPND challenging the election of President Edgar Lungu and his running mate Inonge Wina rather than dismissing it on a technicality.

In an interview with Hot FM News, Kabimba charged that Zambians will never really know what happened during the 2016 general polls because the court refused to hear the petition.

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17 Responses to ConCourt judgement unfortunate – FODEP

  1. is this the Zambia we have chosen to leave in, we really have no slightest clue of what will be the result of our actions. We have just invited in this country the floodgates of serious corruption & lawlessness.

    Life experience
    September 8, 2016 at 4:33 pm
    Reply

    • Look FODEP, the ConCourt did not decide, they were bound by the demands of the constitution not to hear an expired petition.

      If you want to be heard, you have to ‘speak’, but HH and GBM lawyers refused to ‘speak’.

      It is this same wapped understanding of law that caused HH and his lawyers to spend time playing Tom& Jerry games together table tenis in the courts instead of proving their case by bringing evidence.

      UPND and it’s lawyers were given the full maximum “Reasonable Time” as stipulated and limited by the constitution, but never understood it.

      Hichilema and his lawyers led by Mushipe and Mwiimbu thought it was Lungu who was supposed to prove himself that he was innocent, thus trying let time run out for him and his vice Inonge.

      They had no legal idea that it was them who had the duty to prove that Lungu was guilty by bringing evidence.

      UPND, GBM and HH thought it was now there turn to do a “DUNUNA REVERSE” on PF.

      Little did they realise the they dununaling themselves, realising only in the last two hours that they had done an own-goal.

      And what I have said above is the only way I can cut the long story short.

      Peace for Zambia
      September 8, 2016 at 4:47 pm
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      • And please lease listen,

        The court did not dismiss the case; the case simply collapsed by expiring.

        The same happens when Mr Chipenzi buys food and keeps it for 14 days without eating it. When he checks it on the 14th day and finds it has expired he will through it.

        Don’t accuse him saying, “you like throwing good”.

        Peace for Zambia
        September 8, 2016 at 4:59 pm
        Reply

        • And you are given fresh fish to cook and you do not cook it until the following day when it has gone bad , fit for throwing. Then you tell the owner that you can not go ahead because it has gone bad. Whose fault is it when you kept yourself busy with petty things?
          As a cook you would prepare fish within good time coz you know what it takes or else you would be frank to tell the owner your position and let him decide what to do before fish go bad than saying I do it and the following day say no your fish is not ok but fit for throwing.
          The concourt knew what was going on and wanted it that way. That is the reason why they kept on adjourning and excluding weekends. When the court adjourns your case would you force it to sit on the days it has skipped?
          Grow up and reason differently from the pfools.

          karaoke
          September 8, 2016 at 5:29 pm
          Reply

          • Remember I am only assessing you.

            You are the cook, and you have told me that you are bringing your fish to come and prove to me that you know how to cook.

            Then leave it there for two days and am waiting for you to cook using your own methods which you have learnt and want to prove to me.

            On second day you open the container, I get a stench from your fish, indicating it has gone bad.

            It will tell you that you have failed to show me that you know how cook. And the assessment cannot go on because the fish is now rotten.

            And you want to acuse me of not showing and guiding you how to cook?

            Who was being assessed, you or me?

            Peace for Zambia
            September 8, 2016 at 5:50 pm

      • Some of these coments pliz filter them b4 you post.than 4 the sake of suporting your Godfather.PF.To prove that justice did not previl 4 the oposition during the delayed 14days is the endless adjournments.the so called concour judges are a disgrace to ZIYALE 4 passing something like judgement without having ajudcating the prsidential petition and decided to show love to their Godfather PF having apointed them as concourt judges what a shame in so called judiciary!even where they should have shown interactual,but only to show incompetance!

        felix
        September 8, 2016 at 6:09 pm
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        • You know,

          If I take a case to court, a case that is time bound, it will be naive for me to start dancing first when the time to prove my case is opened.

          After I consume all my time dancing I realise I have not presented my case and the time is up.

          Should I start complaining, asking the judge as to why he did not stop me from dancing? And I should say the judge has denied me justice?

          I would be shocked if such would be tolerated; would be only in Zambia if ever happened on earth.

          Even children will be very shocked, some would even wish they stayed young for fear that old age may disadvantage their current state, especially when they realise that such is being done by adults.

          Peace for Zambia
          September 8, 2016 at 6:40 pm
          Reply

        • I now understand why the late MCS said he did not mind balancing tribe but to balance brains whether it being seen as nepotism or tribal as long as the purpose is served. I have never seen a leadership saying the position that was arrived at I disputed it or me I voted for it. I thought the purpose of voting is to arrive at a popular decision and henceforth collective agreement applies. what interest are these concourt judges serving to come out like that. they are very dull indeed, they couldn’t think of redeeming themselves even when it was clear that they had blundered. Shame on them all. This is what leakage passing can bring at the end of the day.Mr. Felix, remember, this was a competition and your UPND knew from the onset that in a competition you use all necessary means available to come at tops. so for it is clear that the preparation was very poor on there part and the more reason why they even failed to take advantage of the second chance of petitioning and be heard they are not just ready to provide leadership they just talk more without substance. A serious contender will not leave everything to the last minute and blame his/ her failure to time constraints. How do act as though you are in heaven and leave everything to destiny. this is self deceit my dear. hope they have learnt a good lesson out of this. remember law is a two edged sword.

          bitos
          September 9, 2016 at 7:16 am
          Reply

  2. I think some people are sleepig not knowing what they would have done before time elapsed. Indeed the time to hear their case had already expired , if expired then their case has died no one can entertain it is long gone with the stipulated time . Just imagine nothing goes on for ever even age is the same .
    Just forget nothing will come to life again , you can not hold the whole nation to ransome.
    You should just learn to respect the electorate. Every one waited for you but you were day dreaming thing you have extra time no thankyou.

    nshilimubemba
    September 8, 2016 at 7:46 pm
    Reply

  3. Lungu ând his pipo Store UPNDz vote more over lungu n ur pipo r hiding in churches because even da devil hides in church God well judge u by ur failer HH u v shown us da spirit of a leader

    mufishi
    September 8, 2016 at 8:00 pm
    Reply

  4. I am more concerned about the levels of education in mother Zambia.

    Spelling and grammar leaves much to be desired. Please make an effort people.

    And yes, PF did steal the elections. We all know that. That is why PF cadres are clinging to the “time expiry” reason.

    Anyway, the horse has bolted, it is now time to heal and feed families.

    Politics is a dirty game, move on.

    IndigoTyrol
    September 8, 2016 at 9:05 pm
    Reply

  5. The levels of education amongst the bembas are worrying and leaves much to be desired. You dimwits from shiwangandu and vubwi, please note that the entire world including your dirty ass knows that lungu kabova store votes from the elected president of Zambia, his excellence hh. I know you hate tongas, but hh won.

    Onezambia, Twonations
    September 8, 2016 at 9:29 pm
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    • Ba onezambia where were his agents when the votes were being stolen, ill preparation why did he deploy them to polling stations, to go and help PF and lungu to steal the votes. Before and during elections your ZWD said you were very alert and you will not allow or tolerate votes to be stolen. You behave like a dog that backs but cant bit. Talking too much without practical is the result here. Which whole world knows that Lungu stole your votes? May be you are leaving in a different world, this world I leave in, UN congratulated ECL, EU observer mission did the same, and many other world leaders. it is only u and HH who is saying otherwise. Over confidence and underrating you opponent is dangerous my friend.

      bitos
      September 9, 2016 at 7:28 am
      Reply

  6. No need to go to concourt as Bemba judges have gone their usual tribal way. Mulenga mungeni to handle the case and what result would one expect apart from a tribalism based judgement.

    Onezambia, Twonations
    September 8, 2016 at 9:43 pm
    Reply

  7. 14 days elapsed by UPND endless trivialities, expecting the accused ( ECZ, ZNBC and PF leaders) to provide evidence and incriminate themselves. So having failed miserably the so called clever people are blaming alleged tribalism in judges, humble ECL, and human rights abuse when HH encouraged a NO vote in this area. What hypocrisy and errant pogo dash.

    STAY OBJECTIVE AVOID CRAP LIES
    September 8, 2016 at 11:57 pm
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    • am so sad to hear people talk like this especially attacking tongas. maybe you arent aware that tongas sacrificed there animals to just bring freedom you are enjoying now. as mr kk to give total back ground independence and respect of tongas.think before you bite the finger that feeds you.your insults are a sign of instability in your brains needing rehabilitation. go back to history and know where is the og for tribe. learn to respect people for to be wise. now the issue being vote stealing if true,one need be behind bars and justice be prevailed.

      zambian
      September 9, 2016 at 5:53 pm
      Reply

  8. The fact is PF won the elections period and those judges in concourt have studied law so there’s nothing you can once they have made final decision

    Werdna
    September 12, 2016 at 10:11 am
    Reply

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